FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
            601 New Jersey Avenue, N.W., Suite 9500
                    Washington, D.C.  20001
                 Telephone No.: (202) 434-9958
                 Telecopier No.: (202) 434-9949

                        December 24, 2002



SECRETARY OF LABOR,               :     CIVIL PENALTY PROCEEDING
    MINE SAFETY AND HEALTH             :
    ADMINISTRATION (MSHA),             :     Docket No. CENT 2002-242-M
               Petitioner              :     A.C. No. 41-03882-05515
          v.                      :
                                  :     Mine: Arnold Crushed Stone
ARNOLD CRUSHED STONE,             :
    INCORPORATED,                 :
               Respondent              :



       ORDER DENYING MOTION TO REOPEN PENALTY ASSESSMENT
                         ORDER TO PAY 
                       ORDER OF DISMISSAL

Before:   Chief Judge Barbour


     On July 18, 2002, I issued an order to Arnold Crushed Stone, Inc. ("Arnold"), to submit more
information as to why it failed to timely file a notice of contest in the above captioned case.  Arnold was
required to file the information within 20 days of the date of that order.  When I received no response,
on October 24, 2002, I issued an Order to Respondent to Show Cause, in which I required Arnold to
either file the required information or show cause for its failure to do so within 20 days of the date of
that order.  Finally, on December 12, 2002, I issued a Second Order to Respondent to Show Cause,
in which I required Arnold to file a response within 15 days of the date of that order.  The record
includes return receipts indicating Arnold received all three orders.

     Subsequently, on December 19, 2002, Arnold faxed three letters to the Commission, which
include explanations of why it seeks to contest the citations.  However, the letters fail to address the
issue of why the company did not timely file a notice of contest despite the fact that all three orders
required the company to do so.  Therefore, I conclude that Arnold has failed to establish adequate
cause to reopen the penalty assessment.  



     Accordingly, the request to reopen the proposed penalty assessment is DENIED, and Arnold
is ORDERED TO PAY the proposed penalty assessment of $3,412.00 within 30 days of the date of
this order.  

     This case is DISMISSED.




                                   David F. Barbour
                                   Chief Administrative Law Judge


Distribution: (Certified Mail)

W. Christian Schumann, Esq., Office of the Solicitor, U.S. Department of Labor, 1100 Wilson
Boulevard, 22nd Floor, Arlington, VA 22209-2247

Mike Arnold, President, Arnold Crushed Stone, P.O. Box 632, Blum, TX 76627


/mvc